Below is Minutes from “Meeting on the Drafting of Ministerial Regulation No. 8

“Meeting on the Drafting of Ministerial Regulation No. 8” part of Issue 9

"There have been several amendments made during the Meeting on proposals to the Ministerial Regulation No. 8 B.E. 2518 issued under the virtue of Building Control Act B.E. 2479 , i।e।

- Article 2, the first meeting prescribed “The road along the edge of the sea” means the road that one side connected to the sea does not exceed 50 meters from building construction restriction line.”

The meeting held later on further amended “setting of 100 meters from the construction control line referred to the map annexed.”

- Article 4, “Within the distance of 50 meters from the road along the edge of the sea, the following types of buildings are not permitted to be constructed.”

(8) Building of 14 meters above the road surface.

This was later amended to read “The area of 100 meters measured from the construction control line according to the map annexed, from the sea towards the shore shall not be permitted to construct the following types of buildings”

(8) Building of 14 meters above the road surface.

Further amendment was to delete the wording “towards the shore” since the wording was clearly understood, then the following wording was used instead “to fix the 100 meters measured from the construction control line according to the annexed map at the sea shore that building of the following types are not permitted for construction”

During the meeting, the Chairperson questioned the person who proposed this amendment that if the amendment shall take advantage on villagers who have only small piece of land on the sea shore for not being to optimize the use of land plots. The person who made this proposal answered that “minority must be sacrificed for the majority ”

The amendments were consented by the meeting because the meeting wanted to protect the beach by controlling the construction which may impact the natural look of sea beach area “

Issue 8 “to fix the 100 meters measured from the construction control line according to the annexed map at the sea shore that building of the following types are not permitted for construction”

Issue 9 “to fix the 200 meters measured from the construction control line according to the annexed map at the sea shore that building of the following types are not permitted for construction”

Issue 9 has a reason attached: “Note: The reason issuing this Ministerial Regulation due to the updating of the construction control areas in Tambol Bang Lamung, Tambol Na Khua and Tambol
Nhong Prue, by extending the construction restriction areas as appeared in the map annexed to the Royal Decree Promulgating the Building Construction Control Act B.E. 2479 controlling over the regions of Tambol Bang Lamung, Tambol Nhong Plalai, Tambol Na Klua and Tambol Nhong Prue of Amphur Bang Lamung of Chonburi Province B.E. 2521. It is, therefore, appropriate to amend the Ministerial Regulation No. 8 (B.E. 2519) issued under the Building Construction Control Act B.E. 2479 governing restriction of the construction of some kinds of building within the controlling areas under the aforesaid Royal Decree.

15^th of February 2008 we appeal to The Administrative Supreme Court in Bangkok.

Department of Civil Engineer and City Planning Bangkok rewrite the intent of Issue 9

The Administrative Court of Rayong Province ordered the Department of Civil Engineering and City Planning of Bangkok to survey and reports the measurement location of VT7 from MSL. We think they failed to follow the court order and in their answer to the court the meaning of Issue 8 and 9 was changed, The report to the court made statements changed the meaning of issue 9 by stating the following:

"Which if measured from the said point out into the sea for 100 m. shall be the building control boundary in accordance with the plan attached to the Royal Decree promulgating the Buildings Control Act B.E. 2479 in the locale of Nongprue, Nongplalai, Naklua, Chonburi B.E. 2521 and when measured from the said point in land to the front of the building another 100 m shall be the distance away from the building control point 200 m .as in point 3 of Ministerial Regulations Issue 8 (B.E. 2519), amended by Ministerial Regulations Issue 9 (B.E. 2521) issued pursuant to the Buildings Control Act B.E. 2479 that prohibited the building with height above 14 m. from the road”

We think this questionable statement rewrote Issue 9 and who could this be aloud? Read the RULE OF THE GENERAL ASSEMBLY of Administrative Court Procedures below:“Clause 55. The Court, if it thinks fit or upon an application by a party, may issue an order appointing an expert for studying, examining or analyzing any matter in connection with the case, provided that it is not the determination of a question of law, and then preparing a report or giving statements to the Court.........”

The case goes to and Appeal!